C.L.ANTO v. STATE OF KERALA

BY ADVS. SRI.V.VENUGOPALAN NAIR SRI.M.R.SASITH ASSISTANT SOLICITOR GENERAL W.P (C) Nos.13311, 13326 & 13353/2018 -2- OTHER PRESENT: SRI. VENUGOPAL V (GP) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

17.01.2024, ALONG WITH WP(C).13326/2018, 13353/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P (C) Nos.13311, 13326 & 13353/2018 -3- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. WEDNESDAY, THE 17TH DAY OF JANUARY 2024 / 27TH POUSHA, 1945 WP(C) NO. 13326 OF 2018 PETITIONER/S: C.L.ANTO AGED 62 YEARS CHIEF PROMOTER,CHAIRMAN DESIGNATE AND AUTHORIZED PERSON,NATIONAL ENERGY AND WASTE MANAGEMENT MULTIPURPOSE CO-OPERATIVE SOCIETY (KERALA)LTD.REGD.NO.4484,(NEWSCO),DREAM LAND BUILDING K.S.R.T.C,ROAD,CHALAKUDY P.O,THRISSUR DISTRICT,PIN- 680307. BY ADV SRI.C.L.ANTO (PARTY IN PERSON) RESPONDENT/S: 1 2 3 4 5 STATE OF KERALA REPRESENTED BY ITS SECRETARY,DEPARTMENT OF LOCAL SELF GOVERNMENT,GOVERMENT SECRETARIAT,THIRUVANANTHAPURAM- 695001. EXECUTIVE DIRECTOR SUCHITWA MISSION,LOCAL SELF GOVERNMENT DEPARTMENT,NANDANKODE JUNCTION,P.O.THIRUVANANTHAPURAM- 695014. DIRECTOR OF MUNICIPALITIES VIKAS BHAVAN THIRUVANANTHAPURAM-695014. SECRETARY KOTTAYAM MUNICIPALITY KOTTAYAM DISTRICT-686001. SECRETARYKARUNAGAPILLY MUNICIPALITY-691001. BY ADVS. GOVERNMENT PLEADER C.S.MANILAL SRI.M.R.SASITH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.01.2024, ALONG WITH WP(C).13311/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P (C) Nos.13311, 13326 & 13353/2018 -4- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. WEDNESDAY, THE 17TH DAY OF JANUARY 2024 / 27TH POUSHA, 1945 WP(C) NO. 13353 OF 2018 PETITIONER/S: C.L.ANTO AGED 62 YEARS CHIEF PROMOTER, CHARIMAN DESIGNATE AND AUTHORIZED PERSON,NATIONAL ENERGY AND WASTE MANAGEMENT MULTIPURPOSE CO-OPERATIVE SOCIETY (KERALA), LTD, REGD NO.4484, (NEWSCO), DREAM LAND BUILDING K.S.R.T.C. ROAD, CHALAKUDY P.O, THRISSUR DISTRICT, PIN - 680 307. BY ADV C.L.ANTO [PARTY IN PERSON] RESPONDENT/S: 1 2 3 4 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. EXECUTIVE DIRECTOR SUCHITWA MISSION, LOCAL SELF GOVERNMENT DEPARTMENT, NANDANKODE JUNCTION P.O, THIRUVANANTHAPURAM - 695 014. DIRECTOR OF MUNICIPALITIES VIKAS BHAVAN THIRUVANANTHAPURAM - 695 014. SECRETARY MINISTRY OF URBAN DEVELOPMENT NEW DELHI - 110 001. BY ADVS. GOVERNMENT PLEADER ASSISTANT SOLICITOR GENERAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

17.01.2024, ALONG WITH WP(C).13311/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P (C) Nos.13311, 13326 & 13353/2018 -5- J U D G M E N T Petitioner is common in all the 3 writ petitions. He appears party in person. When the matters were listed on 09-01-2024 there was no representation. Accordingly these matters were adjourned to be listed on today. Even today there is no representation. Accordingly these writ petitions are dismissed for default. AMG Sd/- GOPINATH P. JUDGE W.P (C) Nos.13311, 13326 & 13353/2018 -6- APPENDIX OF WP(C) 13326/2018 PETITIONER EXHIBITS EXT.P1 EXT.P2 EXT.P3 EXT.P4 EXT.P5 EXT.P6 EXT.P7 EXT.P7A EXT.P8 EXT.P9 TRUE COPY OF THE RELEVANT PORTION FROM THE PROJECT REPORT ON ENERGY AND WASTE MANAGEMENT SHOWING THE DIRECTION OF THEN CHIEF MINISTER DAT.1.7.2011 TRUE COPY OF WEB SIGHT DOWN LOADED SHOWING THE RESPONDENTS WERE GROPING IN DARKNESS WITH RESPECT TO WASTE MANAGEMENT. TRUE COPY OF THE RELEVANT PORTION NOTIFICATION G.O.NO.151/12/LSGD OF RESPONDENT NO.1 SHOWING LIST OF SERVICE PROVIDERS FOR BIGGER WASTE MANAGEMENT PROJECTS USING MODERN TECHNOLOGIES. TRUE COPY OF THE RELEVANT PORTION NOTIFICATION G.O.NO.1418/12/LSGD OF RESPONDENT NO.1 SHOWING LIST OF SERVICE PROVIDERS FOR SMALLER WASTE MANAGEMENT PROJECTS USING MODERN TECHNOLOGIES DT.23.5.12. TRUE COPY OF ORDER OF HON.HIGH COURT IN WPC 28921/12 RESTRAINING RESPONDENTS 1 AND 2 FROM BRINGING IN NEW SERVICE PROVIDERS THROUGH BACK DOOR.DT.14.12.12. RELEVANT PORTION OF TRUE COPY OF THE STORES PURCHASE MANUEL,WHICH THE RESPONDENT NO.3 IS MANDATED TO FOLLOW AS WELL.DT.21.6.13 TRUE COPY OF THE TENDER NOTICE OF RES.NO.4 TRUE COPY OF TENDER SCHEDULE FROM REP.5. TRUE COPY OF TENDER SCHEDULE BY RESP.T TO PRODUCE BIOGAS PLANT. TRUE COPY OF LETTER SENT TO RESP.NO.4.REQUESTING TO ADJOURN THE TENDER PROCEDURES TO ENABLE THE PETITIONER TO PROCURE THE TENDER SCHEDULES TO QUOTE FOR THE SAME. TRUE COPY OF REPRESENTATION SENT RESP.NO.5,WITH COPIES TO REP.1,2 AND 3,URGING NOT TO AWARD THE TENDER TO ANY PARTY OVERLOOKING THE MOST ELIGIBLE PETITIONER. W.P (C) Nos.13311, 13326 & 13353/2018 -7- EXT.P10 EXT.P11 THE TRUE COPY OF ORDER OF DIVISION BENCH OF HON.HIGH COURT OF KERALA TO CONSIDER THE PETITIONER DURING WASTE MANAGEMENT PROGRAMS ETC. TRUE COPY OF THE LETTER OF AUTHORIZATION TO REPRESENT IN THE CASES BY THE EXECUTIVE COMMITTEE OF THE BOARD. W.P (C) Nos.13311, 13326 & 13353/2018 -8- APPENDIX OF WP(C) 13353/2018 PETITIONER EXHIBITS EXHIBIT P1 EXHIBIT P2 EXHIBIT P3 EXHIBIT P4 EXHIBIT P5 EXHIBIT P6 EXHIBIT P7 EXHIBIT P8 EXHIBIT P9 EXHIBIT P10 TRUE COPY OF THE RELEVANT PORTION FROM THE PROJECT REPORT ON ENERGY AND WASTE MANAGEMENT SHOWING THE DIRECTION OF THEN CHIEF MINISTER DATED 1-7-2011. TRUE COPY OF WEB SIGHT DOWN LOADED SHOWING THE RESPONDENTS WERE GROPING IN DARKNESS WITH RESPECT TO WASTE MANAGEMENT. TRUE COPY OF THE RELEVANT PORTION NOTIFICATION G.O NO.151/12/LSGD,DATED 13-01- 2012 OF RESPONDENT NO.1 SHOWING LIST OF SERVICE PROVIDERS FOR BIGGER WASTE MANAGEMENT PROJECTS USING MODERN TECHNOLOGIES. TRUE COPY OF THE RELEVANT PORTION NOTIFICATION G.O NO.1418/12/LSGD,OF RESPONDENT NO.1 SHOWING LIST OF SERVICE PROVIDERS FOR SMALLER WASTE MANAGEMENT PROJECTS USING MODERN TECHNOLOGIES.DATED 23.5.12. TRUE COPY OF ORDER OF HON'BLE HIGH COURT IN WPC 28921/12 RESTRAINING RESPONDENTS 1 AND 2 FROM BRINGING IN NEW SERVICE PROVIDERS THROUGH BACK DOOR. RELEVANT PORTION OF TRUE COPY OF THE STORES PURCHASE MANUEL, WHICH THE RESPONDENT NO.3 IS MANDATED TO FOLLOW AS WELL DT 21.6.13. TRUE COPY OF THE LETTER OF REPRESENTATION SENT TO RESP 1 AND 2. TRUE COPY OF LIST OF LSGS, WHOSE DPR TENDERS ARE AWARDED TO PETITIONER. TRUE COPIES OF LIST OF LSGS RESTRICTED BY HON. COURT IN WPC 4776/18,5546/18. TRUE COPY OF THE DPR TENDER LIST OF LSGS TO BE RESTRAINED BY HON.COURT, DUE TO VIOLATIONS OF LAW ETC. BY RESP 1 AND 2. W.P (C) Nos.13311, 13326 & 13353/2018 -9- EXHIBIT P11 EXHIBIT P12 TRUE COPY OF ORDER OF DIVISION BENCH OF HON.HIGH COURT OF KERALA TO CONSIDER THE PETITIONER DURING WASTE MANAGEMENT PROGRAMS ETC DT.27.9.12. TRUE COPY OF THE LETTER OF AUTHORIZATION TO REPRESENT IN THE CASES BY THE EXECUTIVE COMMITTEE OF THE BOARD DT 27.1.16. W.P (C) Nos.13311, 13326 & 13353/2018 -10- APPENDIX OF WP(C) 13311/2018 PETITIONER EXHIBITS EXHIBIT P1 EXHIBIT P2 EXHIBIT P3 EXHIBIT P4 EXHIBIT P5 EXHIBIT P6 THE TRUE COPY OF THE RELEVANT PORTION FROM THE PROJECT REPORT ON ENERGY AND WASTE MANAGEMENT SHOWING THE DIRECTION OF THEN CHIEF MINISTER DATED ON 01.07.2011. THE TRUE COPY OF THE WEB SIGHT SHOWN LOADED SHOWING THE RESPONDENTS WERE GROPING IN DARKNESS WITH RESPECT TO WASTE MANAGEMENT. THE TRUE COPY OF THE RELEVANT PORTION NOTIFICATION G.O NO.151/12/LSGD OF RESPONDENT NO.1 SHOWING LIST OF SERVICE PROVIDERS FOR BIGGER WASTE MANAGEMENT PROJECTS USING MODERN TECHNOLOGIES DATED ON 13.01.2012. THE TRUE COPY OF THE RELEVANT PORTION NOTIFICATION G.O NO.1418/12/LSGD OF RESPONDENTS NO.1 SHOWING LIST OF SERVICE PROVIDERS FOR SMALLER WASTE MANAGEMENT PROJECTS USING MODERN TECHNOLOGIES DATED ON 2305.2012. THE TRUE COPY OF THE ORDER OF HON'BLE HIGH COURT IN WPC 28921/12 RESTRAINING RESPONDENTS 1 AND 2 FROM BRINGING IN NEW SERVICE PROVIDERS THROUGH BACK DOOR DATED ON 14.12.2012. RELEVANT PORTION OF TRUE COPY OF THE STORES PRUCHASE MANUEL WHICH THE RESPONDENT NO.3 IS MANDATED TO FOLLOW AS WELL DATED ON 26.06.2013. EXHIBIT P7 TRUE COPY OF THE SELECTION LETTER OF RES.NO.4 DATED ON 03.01.2018. EXHIBIT P7(A) TRUE COPY OF LETTER FROM REP. 5 DIRECTING PETITIONER TO NEGOTIATE THE PRICE SLIGHTLY. EXHIBIT P8 TRUE COPY OF EMPLOYING LETTER SENT TO RESP.5 BY EMAIL REDUCING PRICE DATED ON 20.02.2018. EXHIBIT P8(A) AGREEMENT SENT TO RESP.5 AS PER TELEPHONIC INTIMATION BEING MOST ELIGIBLE IN ACCORDANCE WITH EXT.P6 DATED ON 03.03.2018. W.P (C) Nos.13311, 13326 & 13353/2018 -11- EXHIBIT P9 EXHIBIT P10 EXHIBIT P11 TRUE COPY OF REPRESENTATION SENT TO RES.NO.4 AND 5 RESPONDENTS WITH COPIES TO RESP. NO.1,2,3 URGING NOT TO AWARD TO ANY OTHER PARTY OVER LOOKING THE MOST ELIGIBLE PETITIONER DATED ON 27.02.2018. THE TRUE COPY OF THE DIVISION BENCH OF HON.HIGH COURT OF KERALA TO CONSIDER PETITIONER DURING WASTE MANAGEMENT TENDERS BY LOCAL SELF GOVERNMENTS DATED ON 27.09.2012. TRUE COPY OF THE LETTER OF AUTHORIZATION TO REPRESENT IN THE CASES BY THE EXECUTIVE COMMITTEE OF THE BOARD DATED 27.01.2016